05/14/1997 ZONING BOARD OF APPEALS Decisions

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A Board of Appeals Sandeep D. and Rachel Alva- SP-97-38 2. FINDINGS A, General: 1. the subject property is located at 190 Daniel's Island Road and contains 16,905 square feet fronting on Ockway Bay. 2. the immediate neighborhood consists of single family homes many of which have docks on Ockway Bay. 3. the proposed dock will be accessory to an existing dwelling and is a permissible use within the R-3 zoning district upon grant of a Special Permit from the Board of Appeals. 4. the length of the proposed pier, ramp and float does not comply with provisions of the By-laws and was granted a Variance by the Board of Appeals. B. Special Permit Criteria: Section 174-2519 states that the Board must find that the structure will not unduly interfere with the free passage of travel by water of land or cause or contribute to the substantial disruption or degradation on the marine or coastal environment. C. Specific Findings 1. the proposal has been reviewed by the Conservation Commission to address impacts on the coastal environment. 2. the proposal has been submitted to the Harbormaster and the Shellfish Constable whose responsibilities include safety on the water and protection of the marine environment. 3. the use is in harmony with the general purpose and intent of the By- laws. In view of the foregoing, the Mashpee Board of Appeals found that the applicant met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded the Board of Appeals voted unanimously on May 14, 1997 to grant the Special Permit for a walkway, pier, ramp and float. The Decision is conditioned upon r compliance with plans of Cape and Islands Engineering dated April 4, 1997 and revised May 6, 1997. The permit provides for the maintenance and repair of the structure in perpetuity.